USA v. Parias — 9th Cir. (Oct 30, 2026)
The Ninth Circuit hears the government's appeal over the dismissal of charges against Carlitos Ricardo Parias. He was shot during an immigration arrest in Los Angeles, then charged with assaulting a federal officer. A criminal court approved his release on bail, but ICE transferred him to immigration detention in Adelanto. Permission requirements and scheduling barriers then kept his defense lawyers from consulting with him as trial approached. The district court found a violation of his Sixth Amendment right to counsel and dismissed the indictment with prejudice. With prejudice means prosecutors cannot simply refile the same charges. The government will argue that ending the prosecution was too drastic and that lesser remedies were available. Parias will contend that delay would not fix the access problems and would unfairly let prosecutors repair their troubled case. The argument also contrasts the Bail Reform Act, governing release before a criminal trial, with the Immigration and Nationality Act, which separately authorizes immigration detention.
USA v. Parias (No. 25-8156) — U.S. Court of Appeals for the Ninth Circuit, argued October 30, 2026.
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